European Stars and Stripes (Newspaper) - May 15, 1990, Darmstadt, Hesse Page 4 a a the stars and stripes tuesday May 15,1990justices hear Flag burning debate Washington apr Congress can protect a those things that Are special to us As a people a the Bush administration told the supreme court on monday in a spirited debate Over the politically charged Issue of Flag burning. But a civil rights lawyer said a Law against Flag burning was intended to limit free speech. Solicitor general Kenneth Starr the administrations top courtroom lawyer argued that a Federal Law Banning desecration of the Flag does not violate constitutionally protected Freedom of expression. Starr said Congress can protect a those things that Are special to us As a people. Nothing prohibits the legislature from protecting symbols against physical he also argued that prohibiting Flag burning is the same As requiring demonstrators to turn Down the volume on a Loudspeaker. Quot it s Content Neutral a Starr said. But William Kunstler a civil rights lawyer said the Law s intent was obvious a to limit free speech by those who oppose . Policies. A respect for the Flag must be voluntary a he said. A once people Are compelled to respect a Symbol they Are no longer quoting Thomas Jefferson Kunstler added a a it Sas if Congress ordered us to fall Down and worship a Golden there were no hints during the one hour special argument session that any Justice was about to change the vote he or she cast nearly a year ago when the court by a 5-4 margin struck Down a Texas Law Banning Flag desecration. Justice Harry a. Blackmun seen by sponsors of the Federal Law As a potential swing vote was silent throughout mondays arguments. Blackmun voted last year to strike Down the Texas Law. But in a 1974 ruling he indicated he might go along with some Laws to protect the flags a physical Justice Antonin Scalia who voted to invalidate the Texas statute was a leading questioner monday. Starr said the Federal ban on Flag burning was aimed at no particular viewpoint. But Scalia interjected a in fact there is Only one viewpoint Quot expressed by Flag burners a i hate Quot you do not deface defile or trample the Flag to show your love for the country a Scalia added to laughter from the crowded courtroom. Mondays Oral arguments on the constitutionality of the Flag Protection act of 1989 marked the first time in nine years the justices have held such a session after april. They Are reviewing rulings by Federal judges in Washington and Seattle who said the Law violates the Freedom of expression Protection granted by the first amendment. The Law was challenged by demonstrators who burned american flags in the two cities. The political stakes Are High. The court is expected to Rule before the end of its current term probably in late june or Early july. If the As the justices hear arguments on monday a protester shreds a . Flag outside the supreme court. Law is struck Down a proposed constitutional amendment to protect the Flag almost certainly would become a leading Issue in congressional and state legislative races this fall. While the Bush administration is defending the Law president Bush and Republican leaders have said they would prefer a constitutional amendment to ban Flag burning which would be unnecessary if the justices uphold the Law. The Justice department in a written Brief to the court said a it is the physical assault and accompanying violation of the flags physical integrity a not robust and uninhibited debate a that occasion the injury that our society should not be called upon to department lawyers said the court owes Congress special deference in this Case because an equal Branch of government has determined that Flag burning can be outlawed without violating Freedom of speech. Lawyers for the demonstrators challenging the Law said their clients a consider Flag burning an essential element of their political expression because for them the Flag represents not glory but they also said Flag desecration is an american tradition. A the United states Flag was bom of a desecration a the lawyers said. Quot George Washington. In 1776defaced a British Flag by ordering sewn upon it 13 red and White and the attorneys added the United states should make it Clear the worlds leading democracy stands with those who want More Freedom. Last year when the people of Eastern Europe Rose up to protest oppressive communist regimes they carried National flags a desecrated by excised centers a the lawyers said. Democratic congressional leaders hoping to head off a Battle Over amending the Constitution were the prime sponsors of the Flag Protection act. The Law was passed after the supreme court touched off a political firestorm in june 1989 by striking Down a Texas statute that banned Flag desecration. The 5-4 ruling said burning the Flag As a form of political protest is protected by the constitutions free speech guarantees. Supporters of the Federal Law say it differs from the Texas Law because the Federal act does not single out Flag burning As a Means of expression. The Federal Law forbids defiling or destruction of the Flag for any purpose except to destroy a soiled or tattered Flag. The Texas Law specifically banned Flag burning that seriously offends others. Anti abortionists denied right to protest at clinic r Washington apr the supreme court refused monday to let an anti abortion group protest at abortion clinics in Atlanta voting 5-4 to leave intact a Georgia judges injunction. The vote focused on free speech rights More than abortion and crossed ideological lines. The court rejected an emergency request by five member of operation Rescue who said the injunction is violating their free speech rights. In Atlanta operation Rescue spokesman Bob Jewitt called mondays action a a Little stumble along the Way. He added a we feel Well be victorious in the Long Lynne Randall who operates a clinic that has been a frequent target of the protests welcomed the action. A we have to balance women a right to privacy with Peoples right to protest Quot she said. The controversy is still alive in the Georgia courts but mondays action Means operation Rescue protesters for now cannot go within 50 feet of the property line of any Atlanta facility where abortions Are performed. In other matters the court a killed a lawsuit against Atlantic Richfield co. By Independent gasoline dealers in California and Washington state. The court by a 7-2 vote said Price cutting schemes that Hurt a competitors business do not necessarily violate Federal antitrust Laws. A voted 6-3 to squelch a lawsuit that charged the United steelworkers Union with negligence in a 1972supreme court Roundup Idaho Silver mine disaster that killed 91 miners. The court said such state court action is preempted by Federal labor Law. 3 a refused to referee an attack by 30 states against 26 manufacturers Over the removal of Asbestos from Public schools and other government buildings. The courts vote in the operation Rescue Case from Atlanta yielded strange judicial bedfellows. Voting to lift the March 29 injunction were the courts two most consistent liberals justices William j Brennan and Thurgood Marshall and two of its most conservative members justices Anthony m. Kennedy and Antonin Scalia. Brennan and Marshall Are Strong supporters of abortion rights but also Are Strong supporters of free speech rights. Kennedy and Scalia oppose Broad abortion rights but have More moderate track records on free speech issues. Writing for the four Kennedy cited the courts 1977 decision that refused to Block nazis from marching in the heavily jewish Community of Skokie 111. Kennedy said the 1977 ruling a does not distinguish among speakers based on the Content of their speech. A but Justice John Paul Stevens who cast a decisive vote to leave intact the Atlanta injunction said the court was not drawing any Content of speech distinctions. Stevens noted that in 1977 the american nazi party did not have a similar history of illegal conduct in the junssll0n where the March was scheduled a and he Cal cd operation Rescue members a a class of persons who have persistently and repeatedly engaged in unlawful also voting to leave the injunction intact were chief us Lee Rehnquist and justices Byron r. White Harry a. Blackmun and Sandra Day of Connor. Stevens and Blackmun Are Strong supporters of abortion rights. Rehnquist White and of Connor Are not
